California Harmless Error Rule
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FAQ
Court of Appeal Applies the Harmless Error Rule When assessing whether a testator intended for a written instrument to be their will under the ?harmless error? rule, a probate court must look to (1) the words in the document itself, and (2) the circumstances surrounding its creation and execution.
A will can be declared invalid if its execution or revocation was procured by duress, menace, fraud, or undue influence. As an executor or estate planner, it's important to ensure that the testator is making or had made their will freely and without any form of coercion.
A codicil is an amendment to the will. A codicil must be executed with the same requirements as the execution requirements for a valid will, as outlined in the California Probate Code. A will cannot be updated by crossing out words, making notes, or adding handwritten corrections.
Court of Appeal Applies the Harmless Error Rule When assessing whether a testator intended for a written instrument to be their will under the ?harmless error? rule, a probate court must look to (1) the words in the document itself, and (2) the circumstances surrounding its creation and execution.
The Golden State adopted what I call ?partial? harmless error?a statute that can cure some deviations from the Wills Act but not others?in 2009. Thus, my research offers new insight into the costs and benefits of relaxing the formalities that govern the execution of wills.